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CONSTITUTION 



OF THE 



STATE OF GEORGIA-^1877, 



»H 



-rOF C-:-, - 







Resolution* 

Jlcsolvedy That the Chairman of the Printing Committee 
contract with the Public Printer to furnish ten thousand 
copies of the^Constitutioni "^Yl H "pT/T (V' ) 

Jas. P. Harrison, Public Printer, will print ten thousand 
copies of the Constitution. ^ ^ 

_ ^.,^r HaRRELL, . ■■ 



Chaitman Pwtting Committee^ 



CONSTITUTION!^. 

_______ : ov:. : 

BILL OF RIGHTS. 

Preamble. 

To perpetuate the principles of free government, insure 
justice to all, preserve peace, promote the intere3t and 
happiness of the citizen, and transmit to posterity the en- 
joyment of liberty, we, the people of Georgia, relying upon 
the protection and guidance of Almighty God, do ordain 
and establish this Constitution: 

ARTICLE L 

Seciion I. 

Paragraph I. All government, of right, originates with 
the people, is founded upon their will only, and^is insti- 
tsk'ed solely for the good of the whole. Public officers 
are the trustees and servants of the people, ^and, [at all times, 
amenable to them. 

Par. II. Protection to person and property is the para- 
mount duty of government, and shall be] impartial and 
complete. 

Par. III. No person: shall be deprived of life, liberty, or 
property, ej^cept by due process of law. 

Par. IV. No person shall be deprived ot the right to 
prosecute or cjpfend his own cause in any of the courts of 
this State, in person, by attorney, or both. 

Par. V. Every person charged with an offense against 
^he laws of this State shall have the privilege andjbenefit of 
counsel ; shall be furnished, on demand, with a copy of 
the accusation, and a list of the witnesses on whose testi- 
mony the charge against him is founded; shall have 
compulsory process to obtain the testimony of his own 



4 CONSTITUTION. 

witnesses ; shall be confronted with the witnesses testify- 
ing against him, and shall have a public and speedy trial 
hy an impartial jury. 

Par. VI. No person shall be compelled to give testimony 
tending in any manner to criminate himself. 

Par. VII. Neither banishment beyond the limits of the 
State, nor whipping, as a punishment for crime, shall be 
allowed. 

Pan VIIL No person shall be put in jeopardy of life, or 
liberty, more than once for the same offense, save on his, or 
her, own motion for a new trial after conviction, or in case of 
mistrial. 

Par. IX. Excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel and unusual punishments 
inflicted ; nor shall any person be abused in being arrested, 
while under arrest, or in prison. 

Par. X. No person shall be compelled to pay costs, except 
after conviction on final trial. 

Par. XI. The writ of Habeas Corpus shall not be sus- 
pended. 

Par. XII. All men have the natural and inalienable 
right to worship God, each according to the dictates of his 
own conscience, and no human authority should, in any 
case, control or interfere with such right of conscience. 

Par. XIII. No inhabitant of this State shall be molested 
in person or property, or prohibited from holding any pub- 
lic office, or trust, on account of his religious opinions; 
but the right of liberty of conscience shall not be so con- 
strued as to excuse acts of licentiousness, or justify prac- 
tices inconsistent with the peace and safety of the State. 

Par. XIV. No money shall ever be taken from the pub- 
lic treasury, directly or indirectly, in aid of any church, 
sect, or denomination^ pf religionists, or of any' sectarian 
institution. v^^ 

Par. XV. No law sliall ever be passed to curtail, or re- 
strain, the liberty of speech, or of the press; any person 



CONSTITUTION. § 

May speak, write, and publish his sentiments, on all sub- 
jects, being responsible for the abuse of that liberty. 

Par. XVI, The right of the people to be secure in their 
persons, houses, papers, and effects, against unreasonable 
searches and seizures, shall not be violated ; and no war- 
rant shall issue except upon probable cause, supported by 
oath, or affirmation, particularly describing the place, or 
places, to be searched, and the persons or things to be 
seized. 

Par. XVII. There shall be within the State of Georgia 
neither slavery nor involuntary servitude, save as a pun- 
ishment for crime after legal conviction thereof.. 

Par. XVIII. The social status of the citizen shall never 
be the subject of legislation. 

Par. XIX. The civil authority shall be superior to the 
military, and no soldier shall, in time of peace, be quartered 
in any house, without the consent of the owner, nor In 
time of war, except by the civil magistrate, in such man- 
ner as may be provided by law. 

Par. XX. The powtr of the courts to punish for con- 
tempt, shall be limited by legislative acts. 

Par. XXI. There shall be no imprisonment for debt. 

Par. XXII. The right of the people to keep and bear 
arms, shall not be infringed, but the General Assembly 
shall have power to prescribe the manner in which arms 
may be borne. 

Par. XXIII. The legislative, judicial and executive pow- 
ers shall forever remain separate and distinct, and no per- 
son discharging the duties of one, shall, at the same time, 
exercise the functions of either of the others, except as 
herein provided. 

Par. XXIV. The people have the right to assemble 
peaceably for their common good, and to apply to those 
vested with the powers of government, for redress of griev- 
ances, by petition or remonstance. 

Par, XXV. All citizens of the United States, resident 



6 CONSTITUTION. 

in this State, are hereby declared citizens of this State ; and 
it shall be the duty of the General Assembly to enact 
such laws as will protect them in the full enjoyment of 
the rights, privileges and immunities due to such citizen 
ship. 

Section II. 

Par. I. In all prosecutions or indictments for libel the 
truth may be given in evidence ; and the jury in all crim- 
inal cases, shall be the judges of the law and the facts. 
The power of the Judges to gran,!;, new trials in cases of 
conviction, is preserved. j -,.jftf 

Par. 11. Treason against the State of 'Georgia, shall 
consist in levying war against her ; adhering to her ene- 
mies ; giving them aid and comfort. No person sha^ll be 
convicted of treason, except on the testimony of two wit- 
nesses to the same overt act, or confession in open court. 

Par. III. No conviction shall work corruption of blood 
or forfeiture of estate. 

Par. IV. All lotteries, and the sale of lottery tickets, 
are hereby prohibited ; arid^ this prohibition shall be en 
forced by penal laws. . on v- 

Par. V. Lobbying is ^declared to be a crime, and the 
General Assembly shall enforce this provision by .^it- 
able penalties. I 

Par. VI. The General Assembly shall have the power 
to provide for the punishment of fraud ; and shall provide, 
by law, for reaching property of the debtor concealed from 
the creditor. 

Section III. 

Paragraph I. In cases of necessity, private ways may 
be granted upon just compensation being first paid by the 
applicant. Private property shall not be taken, or dam- 
aged, for pubhc purposes, without just and adequate com- 
pensation being first paid. 

Par. II. No bill of attainder, ex post facto law, retroactive 



CONSTITUTION. 7 

law, or law impairing the obligation of contracts, or mak- 
ing irrevocable grants of special' privileges or immunities, 
shall be passed. 

Par. III. No grant of special privileges or immunities 
shall be revoked, except in such manner as to work no in- 
wstice to the corporators or creditors of the incorporation. 

Section IV. 

Paragraph I. Laws of a general nature shall have uni- 
form operation throughout the State, and no special law 
shall be enacted in any case for which provision has been 
made by an existing general law. No general law affecting 
private rights, shall be varied in any particular case, by 
special legislation, except with the free consent, in writing; 
of all persons to be affected thereby ; and no person under 
legal disability to contract, is capable of such consent. 

Par. ir. Legislative acts in violation of this Constitu- 
tion^ or the Constitution of the United States, are void, 
and the Judiciary shall so declare them. 

v tv;j :r. Section V. 

Paragraph I. The people of this State have the inhe- 
rent, sole and exclusive right of regulating their internal 
government, and the police thereof, and of altering and 
abolishing their Constitution whenever it may be neces- 
sary to their safety and happiness. 

Par. II. The enumeration of rights herein contained as 
a part of this Constitution, shall not be construed to deny 
to the people any inherent rights which they may^have hith- 
erto enjoyed. 



8 CONSTITUTION. 

ARTICLE IL 

Elective Franchise* 
Section I. 

Paragraph I. In all elections by the people, the electors 
shall vote by ballot. 

Par. II . Every male citizen of the United States, (except 
as hereinafter provided) twenty-one years of age, who shall 
have resided in this State one year next preceding the elec- 
tion, and shall have resided six months in the county in 
which he offers to vote, and shall have paid all taxes which 
may hereafter be required of him, and which he may have 
had an opportunity of paying, agreeably to law, except for 
the year of the election, shall be deemed an elector : Pro- 
zidedy that no soldier, sailor or marine in the military or 
naval service of the United States, shall acquire the rights 
of an elector, by reason of being stationed on duty in this 
State ; and no person shall vote who, if challenged, shall re- 
fuse to take the following oath, or affirmation : *' I do swear 
(or affirm) that I am twenty-one years of age, have resided 
in this State one year, and in this county six months, next 
preceding this election. I have paid all taxes which, since 
the adoption of the present Constitution of this State, have 
been required of me previous to this year, and which I have 
had an opportunity to pay, and I have not voted at this 
election." 

Section II. 

Paragraph I. The General Assembly may provide, from 
time to time, for the te-^Istration of all electors, bu^ the fol- 
lowing classes of persons shall not be permitted to re;^ister« 
vote, or hold any office, or appointment of honor or trust in 
this State, to-wit : 1st. Those who shall have been con- 
victed, in any court of competent jurisdiction, of treason 



caNSTITUTION. 9 

against the State, of embezzlement of public funds, mal- 
feasance in office, bribery or larceny, or of any crime involv- 
fng moral turpitude, punishable by the laws of this State 
with imprisonment in the penitentiary, unless such person 
shall have been pardoned, 2d. Idiots and insane persons. 

Section III. 

Paragraph I. Electors shall, in all cases, except for trea- 
son, felony, larceny, and breach of the peace, be privileged 
from arrest during their attendance on elections, and in go- 
ing to and returning from the same. 

Section IV. 

Paragraph I. No person who is the holder of any public 
money, contrary to law, shall be eligible to any office in 
this State, until the same is accounted for and paid into the 
treasury. 

Par. II. No person who, after the adoption of this Con- 
stitution, being a resident of this State, shall have been con- 
victed of fighting a duel in this State, or convicted of send- 
ing, or accepting a challenge, or convicted of aiding, or 
abetting such duel, shall hold office in this State, unless he 
shall have been pardoned ; and every such person shall^ 
also, be subject to such punishment as may be prescribed 
by law. 

Section V. 

Paragraph I. The General Assembly shall, by law, forbid 
the sale, distribution, or furnishing of intoxicating drinks 
within two miles of election precincts, on days of election — 
State, county or municipal — and prescribe punishment for 
any violation of the same. 

Section VI. 
Paragraph I, Returns of election for all civil officers 



10 CX>NSTITUriON. 

elected by the people, who are to be comiiussion'ed byi ,the 
Governori and, also, for : the m embers of the QeAer^lvAs- 
sembly, shall be made to the. Secretary ^pi&i§tajt^r^nk^3 
Qtheryise;proyi^^^y.J§?^j:,,,,: ^ui id j; - - - " n: 

ARTICLE III. 

.Ill 
Legislative Department. 

Seqtion I. 

• '>Paragmph 'I. The legislative pdtver ^lif ^e ' Statd'^shal! be 
vested in a General Assembly' \v}i?6Hshaircbn^ist^6? a' ^'Sen- 
ate and House of Representcitives,;,. 

Section II. 

Paragraph I. The Senate shall consist of forty- four mem-. 
bers. There shall be forty-four Senatorial Districts, as now 
arranged by counties. Each District shall have one Senator. 

Par. II. The First Senatorial District shall be composed 
of the counties of Chatham, Bryan and Effingham.'" " 

The Second Senatorial District shall be composed d'f the 
counties of Liberty, Tatnall and Mcintosh. ' 

The Third Senatorial District shall be composed of the 
counties of Wayne, Pierce and Appling. 

The Fourth Senatorial District shall be com.posed of 
the counties of Glynn, Camden, and Chariton, 

The Fifth Senatorial District shall be composed of the 
counties of Coffee, Ware, and CHnch. , , 

The Sixth Senatorial District shall be composed 'of" the 
counties of Echols, Lowndes, and Berrien. ' '. "7 ' 

The Seventh Senatorial District shall be cpmposea'pf 
the counties of Brooks, Thomas, and Colquitt. /' '•"'"" 

The Eighth Senatorial District sfiall be composed of &e 
counties of Decatur, Mitchell and Miller. 

The Ninth Senatorial District shall be composed of the 
counties of Early, Calhoun and Bakert • 



CONSTITUTION. 11 

The Tenth Senatorial District shall be composed of the 
counties of Dougherty, Lee and Worth. 

The Eleventh Senatorial District shall be composed of 
the counties of Clay, Randolph and Terrell. 

The Twelfth Senatorial District shall be composed of the 
counties of Stewart, Webster and Quitman. 

The Thirteenth Senatorial District shall be composed of 
the counties of Sumter, Schley and Macon. 

The Fourteenth Senatorial District shall be composed of 
the counties of Dooly, Wilcox, Pulaski and Dodge. 

The Fifteenth Senatorial District shall be composed of 
the counties of Montgomery, Telfair and Irwin, 

The Sixteenth Senatorial District shall be composed o 
the counties of Laurens, Emanuel and Johnson, 

The Seventeenth Senatorial District shall be composed of 
the counties of Screven, Bulloch and Burke. 

The Eighteenth Senatorial District shall be composed of 
the counties of Richmond, Glasscock and Jefferson. 

The Nineteenth Senatorial District shall be composed of 
the counties of Taliaferro, Greene and Warren. 

The Twentieth Senatorial District shall be composed of 
the counties of Baldwin, Hancock and Washington. 

The Twenty-first Senatorial District shall be composed of 
the counties of Twiggs, Wilkinson and Jones. 

The Twenty-second Senatorial District shall be composed 
of the counties of Bibb, Monroe and Pike. 

The Twenty- third Senatorial District shall be composed 
of the counties of Houston, Crawford and Taylor. 

The Twenty-fourth Senatorial District shall be composed 
of the counties of Muscogee, Marion and Chattahoochee. 

The Twenty-fifth Senatorial District shall be composed 
of the counties of Harris, Upson and Talbot. 

The Twenty-sixth Senatorial District shall be composed 
ci the counties of Spalding, Butts and Fayette. 

The Twenty-seventh Senatorial District' shall be com- 



12 CONSTITUTION. 

posed of the counties of Newton, Walton, Clarke, Oconee 
and Rockdale. 

The Twenty-eighth Senatorial District shall be composed 
of the counties of Jasper, Putnam and Morgan. 

The Twenty-ninth Senatorial District shall be composed 
of the counties of Wilkes, Columbia, Lincoln and Mc- 
Duffie. 

The Thirtieth Senatorial District shall be composed of 
the counties of Oglethorpe, Madison and Elbert. 

The Thirty-first Senatorial District shall be composed of 
the counties of Hart, Habersham and Franklin. 

The Thirty-second Senatorial District shall be composed 
of the counties of White, Dawson and Lum.pkin. 

The Thirty-third Senatorial District shall be composed 
of the counties of Hall, Banks and Jackson. 

The Thirty-fourth Senatorial District shall be composed 
of the counties of Gwinnett, DeKalb and Henry. 

The Thirty-fifth Senatorial District shall be composed of 
the counties of Clayton, Cobb and Fulton. 

The Thirty-sixth Senatorial District shall be composed 
of the counties of Campbell, Coweta, Meriwether, Douglass. 

The Thirty-seventh Senatorial District shall be composed 
of the counties of Carroll, Heard and Troup. 

The Thirty-eighth Senatorial District shall be composed 
of the counties of Haralson, Polk and Paulding. 

The Thirty-ninth Senatorial District shal 1 be composed 
of the counties of Milton, Cherokee and Forsyth. 

The Fortieth Senatorial District shall be composed of 
the counties of Union, Towns and Rabun. 

The Forty-first Senatorial District shall be composed of 
the counties of Pickens, Fannin and Gilmer. 

The Forty-second Senatorial District shall be composed 
of the counties of Bartow, Floyd and Chattooga. 

The Forty-third Senatorial District shall be composed of 
the counties of Murray, Gordon and Whitfield. 



CONSTITUTION. 13 

The Forty-fourth Senatorial District sHall be composed 
of the counties of Walker, Dade and Catoosa. 

Par. III. The General Assembly may change these dis- 
tricts after each census of the United States : Provided, 
That neither the number of Districts nor the number oi 
Senators from each District shall be increased. 

Section III. 

Paragraph I. The House of Representatives shall con- 
sist of one hundred and seventy-five Representatives, ap- 
portioned among the several counties as follows, to -wit: 
To the six counties having the largest population, viz : 
Chatham, Richmond, Burke, Houston, Bibb and Fulton, 
three Representatives, each ; to the twenty-six counties 
having the next largest population, viz : Bartow, Coweta, 
Decatur, Floyd, Greene, Gwinnett, Harris, Jefferson, Meri- 
wether, Monroe, Muscogee, Newton, Stewart, Sumter, 
Thomas, Troup, Washington, Hancock, Carroll, Cobb, 
Jackson, Dougherty, Oglethorpe, Macon, Talbot and 
Wilkes, two Representatives, each ; and to the remaining 
one hundred and five counties, one Representative, each. 

Par, II. The above apportionment shall be changed by 
the General Assembly at its first session after each census 
taken by the United States Government, so as to give to 
the six counties having the largest population three Repre- 
sentatives, each ; and to the twenty-six counties having the 
next largest population two Representatives, each ; but in 
no event shall the aggregate number of Representatives be 
increased. 

Section IV. 

Paragraph I. The members of the General Assembly 
shall be elected for two years, and shall serve until their 
successors are elected. 

Par. II. The first election for members of the General 
Assembly, under this Constitution, shall take place on the 
£rst Wednesday in December, 1877 ; the second election 



14 CONSTITUTION. 

for the same shall be held on the first Wednesday in Oc- 
tober, 1880, and subsequent elections biennially,, on that 
day, until the day of election is changed by law. '' ^^ ^ 

Par. III. The first rbeeting of the General Asseitibly. 
after the ratification of this Constitution, shall be on the 
first Wednesday in November, 1878, and biennially there- 
after, on the same day, until' the 'day shall be changed by 
law. But nothing herein contained shall be "construed to 
prevent the Governor from calliiig an extra session of the 
General Assembly. before. -the first Wecjn^sday in Nov^m- 
bep, 1§'78, if, ^In his opinion, the public good shall require it 

Par, IV. A majority of each house shall constitute a 
quoruni to transact business ; but a s,rn^ller number may 
adjpurq from dayvto day and compeL the„pj;^sence of its 
absent members, as each house may provide. ... ; 

Par. V. Each Senator and Representative, before i^.% 
ing his seat, shall take the following oath, or affirmation, 
to-wit: "I will support the Constitution of this State, and 
of th^ Unitedj States, and on all questions and measures 
which. niay- come before me, I will so conduct myself, as 
will, in my judgment, be most conducive to the int^f^sts 
and prosperity of this State.'.',. 

Pan VI. No session ot the.,General Assembly shall con- 
tinue longer than forty days, unless by a two-thircis vote 
of the whole number of each house. 

Par. yiL.No person holding a military commission, or 
other apj?ointment, or office, having an^. ^imolutpe^, or 
compensation annexed thereto, under this State, or the 
United States,, or either of them, except Justices of the 
Peace and officers of the militia, nor any defaulter fpr 
public money, or for any legal taxes required of him, shall 
have a seat in either house; nor shall any Senator, or 
Representative, after his qualification as such, be elected 
by the General Assembly, or appointed by the Governor, 
either with or without the advice and consent ot the Sen- 
ate^toTany office or appointment having any emoluaaient 
annexed thereto dtidhg the time for which he shaiiiihavb 
been elected. 



CONSTITUTION. • 15 

Par.jVIIL The seat of a member :df. either house shall 

.be vacated on his removatlirom; the dktrictiar^e0iiaty,from 

which he was elected; .-^Jiq;)'! lo o^uoH orlT J 11 fti 

•]:■ " '---4 lis ffDfi^qrnr ci . >".'■ 

Section V. _ -n . 

Paragraph I. The Senators shall be citizens of the United 
States, who have attained the age of twenty-five years, and 
• whci shall haver O^een citizens; ofothis. State . Cor four years, 
and , for one-E yeart, residents i b£ the district r from which 

eiectedwj vliObM---:'' T(;^^ :n-.'; /•.:;:a;q (:' A-'. .^i; ", 

Par. il. .Theipre^ding officer of tfeSei|iat^i shall be styled 
the President of the Senate^: aiidifshalLbe> elected m-va voce 
from the Senators. ^ , . ;n.7 • ; o,-.^'v-: .;<!:; 1<^ 

Par. III. Thei: Seriate shaii have the! solfe. power to try 
impeachments, aoeioq ^(n<j jfroiaai)- :;rb bi: 

Par. IV. Whea sitting for that purpose, the members 
shall be on oath, or affirmation, and shall be presided over 
'by the Chief .Ju5trce,job-:thie'pfresiding Justice, of the Su- 
preme Court. ^Should -thej Chief Justice be disqualified 
the Senate shaliselect /the- Judge of the Supreme Court to 
preside, vf^o person shail be G^jnvicted without the concur- 
rence of; two-thirfis of the members present,' r , 

:Par.JV^ Judgments^ in cases of impeachment; shall not 
extend further*:; than removal from office, and disqualifica- 
tion tO; h<^M lan|:|; ;eiiJQy .'any officdrof hohon jtrfst, , b&r .profit, 
wiihin this State ; but the party convicted^sh^ll, heverthe- 
less, be; Habley and subject, to indictrnent, trial, judgment, 
and punishment, according: jto law> : 

SeCTIQN YI-, . ..„ J'V t;,' . ■ 

J ^, ,; , ,i ;<• Ai . . ;.. ■ , ^ ; ; . :■,< ' r' ^j>ii ^'^.■. ''■■>( >A\ , '- « ..... 

''^'^ Wf%rapli ^^^^-TO^^'^R^pi¥^entatiVe^' '$ft«^l^ 6itizehs - of 
the United States who have attained the a^^''6f''twenffv- 
one years- and 1 T^hb shall- have been' citizens of' this 
State' for two ys^rij'ahd fo'ti'OrJe yfeai" r^'sfdents' ^of 'rtie 
ceuiities from which elected] -^vmlsi/lDB lo ?:5>Fro ni sa^fj: 



16 CONSTITUTION. 

Par, II. The presiding officer of the House of Represen- 
tatives shall be styled the Speaker of the House of Rep- 
resentatives, and shall be elected viva voce from the body. 

Par. III. The House of Representatives shall have the 
sole power to impeach all persons who shall have been, or 
may be, in office. 

Section VII. 

Paragraph I. Each House shall be the judge of the 
election, returns, and qualifications of its members, and 
shall have power to punish them for disorderly behavior, 
or misconduct, by censure, fine, imprisonment, or expul- 
sion ; but no member shall be expelled, except by a vote 
of two thirds of the House to which he belongs. 

Par. II. Each House may punish by imprisonment, not 
extending beyond the session, any person, not a member, 
who shall be guilty of a contempt, by any disorderly be- 
havior in its presence, or who shall rescue, or attempt to 
rescue, any person arrested by order of either House. 

Par. III. The members of both Houses shall be free from 
arrest during their attendance on the General Assembly, 
and in going thereto, or returning therefrom, except for 
treason, felony, larceny, or breach of the peace ; and no 
member shall be liable to answer in any other place for 
anything spoken in debate in either House. 

Par. IV. Each House shall keep a journal of its proceed- 
ings, and publish it immediately after its adjournment. 

Par. V. The original journal shall be preserved after 
publication, in the office of the Secretary of State, but 
there shall be no other record thereof. 

Par. VI. The yeas and nays on any question shall, at 
the desire of one-fifth of the members present, be entered 
on the journal. 

Par. VII. Every bill, before it shall pass, shall be read 
three times, and on three separate days, in each House,, 
unless in cases of actual invasion or insurrection. 



K 



CONSTIIUTION, 17 

Par. VIII. No law or ordinance shall pass which refers 
to more than one subject matter, or contains matter differ- 
ent from what is expressed in the title thereof. 

Par. IX. The general appropriation bill shall embrace noth- 
ing except appropriations fixed by previous laws, the ordi- 
nary expenses of the Executive, Legislative and Judicial De- 
partments of the government, payment of the public debt 
and interest thereon, and for support of the public in- 
stitutions and educational interests of the State. All other 
appropriations shall be made by separate bills, each em- 
bracing but one subject. 

Par. X. All bills for raising revenue, or appropriating 
money, shall originate in the House of Representatives, 
but the Senate may propose, or concur in amendments, as 
m other bills. 

Par. XI. No money shall be drawn from the treasury 
except by appropriation made by law, and a regular state- 
ment and account of the receipt and expenditure of all 
public money shall be published every three months, and, 
also, with the laws passed by each session of the General 
Assembly. 

Par. XII. No bill or resolution appropriating money 
shall become a law unless, upon its passage, the yeas and 
nays, in each House, are recorded. 

Par. XIII. All acts shall be signed by the President 
of the Senate and the Speaker of the House of Represen- 
tatives, and no bill, ordinance or resolution, intended to 
have the effect of a law, which shall have been rejected by 
either house, shall be again proposed during the same ses- 
sion, under the same or any other title, without the con- 
sent of two-thirds of the House by which the same was 
rejected. 

Par. XIV. No bill shall become a law unless it shall re- 
ceive a majority of the votes of all the members elected 
to each House of the General Assembly, and it shall, in 
every instance, so appear on the journal. 



18 CONSTITUTION. 

Par. XV. All special or local bills shall originate in^ the 
House of Representatives. T.he Speaker of the House 
of Representatives shall, within five days from thb organi- 
zation of the General Assembly, appoint a committee, con- 
sisting of one from each Congressional District,-* i^hos^ 
duty it shall be to consider, and consolidate all special and 
local bills, on the same subject- and report the 'satire' to 
the House ; and no special or local bill shall be read or con- 
sidered by the House until the same has been reported 
by said committee, unless by a two-thirds vdte.-^i iA%(ii^nc 
bill shall be considered or reported to the House, by said 
committee, unless the same shall have been laid before t 
within fifteen days after the organizsttion of the C^eiierai 
Assembly ; except by a two-thirds vote.n aii>frjc: jdi ii;. 

Par. XVI. No local or special bill shall be' jifee*/ un- 
less notice of the intention to apply therefor shall have 
been published in the locality where the matter, or thing 
to be effected, may be situated, which notice shall be given 
at least thirty days prior to the introduction of such bill 
into the General Assembly, and In the manner to be pre- 
scribed bylaw. The evidence of such notice havingbeen pub- 
lished, shall be exhibited in the General Assembly before 
such act shall be passed. 

Par. XVn. No law, or section of the Code, ^hall-be 
amended or repealed by mere reference to its title, or to 
the number of the section of the Code, but the amending", 
or repealing act, shall distinctly describe the law to be 
amended or repealed, as well as the alteration to be made. 

Par. XVHI. The General Assembly shall have no power 
to grant corporate powers and privileges to private compa- 
nes, except banking, insurance, railroad, canal, navigation, 
express and telegraph companies ; nor to make or change 
election precincts ; nor to establish bridges or ferries ; nor 
to change names cr legitimate children ; but it shall pre- 
scribe by law the manner in which such powers ' shall be 
exercised bv the courts. 



CONSTITUTION. 19 

Par. XIX. The General Assembly shall have no power 
t6 relieve principals or securities upon forfeited recogni- 
zances, from the payment thereof, either before or after 
judgment thereon, unless the principal in the recognizance 
shall have been apprehended and placed in the custody of 
the proper officer. ' '^ l^'- ^- ^f:^; '> v 

Par. XX. The General Assembly shall not|authorize the 
construction of any street passenger railway within the 
limits of any incorporated town or city, without the con- 
sent of the corporate authorities. 

"Par/XXl. Whenever the Constitution requires a vote 
of two-thirds of either or both houses for the passing of an 
act or resolution, the yeas and nays on the passage thereof 
shall be entered on the journal. 

Par. XXII. The General Assembly shall have power to 
make all laws and ordinances consistent with this Constitu- 
tion, and not repugnant to the Constitution of the United 
States, which they shall deem necessary and proper for the 
welfare of the State. 

Par. XXIII. No provision in this Constitution, for a two- 
thirds vote of both houses of the General Assembly, shall 
be construed to waive the necessity for the signature of the 
Governor, as in any other case, except in the case of the 
two-thirds vote required to override the veto, and in case 
of prolongation of a session of the General Assembly, 

Par. XXIV. Neither house shall adjourn for more than 
three days, or to any other place, without the consent of 
the other, and in case of disagreement between the two 
houses, on a question of adjournment, the Governor may 
adjourn either, or both of them. -^ 

Section VIII. 

Paragraph I. The officers of the two houses, other than 
the President and Speaker, shall be a Secretary of the Sen- 
at@ land Clerk of the House of Representatives, and such 
assistants as they may appoint ; but the clerical expenses 



20 CONSTITUTION. 

of the Senate shall not exceed sixty dollars per day, for each 
session, nor those of the House of Representatives seventy 
dollars per day, for each session. The Secretary of the Sen- 
ate, and Clerk of the House of Representatives, shall be 
required to give bond and security for the faithful discharge 
of their respective duties. 

Section IX. 

Paragraph I. The per diem of members of the General 
Assembly shall not exceed four dollars ; and mileage shall 
not exceed ten cents for each mile traveled, by the nearest 
practicable route, in going to, and returning from, the 
Capital ; but the President of the Senate and the Speaker 
of the House of Representatives, shall each receive not ex- 
ceeding seven dollars per day. 

Section X. 

Paragraph I. All elections by the General Assembly 
shall be viva voce, and the vote shall appear on the journal 
of the House of Representatives. When the Senate and 
House of Representatives unite for the purpose of elections, 
they shall meet in the Representative Hall, and the Presi- 
dent of the Senate shall, in such cases, preside and declare 
the result. 

Section XI. 

Paragraph I. All property of the wife at the time 
of her marriage, and all property given to, inherited, or 
acquired by her, shall remain her separate property, and 
not be liable for the debts of her husband. 

Section XII. 

Paragraph I. All life insurance companies now doing 
business in this State, or which may desire to establish 
agencies and do business in the State of Georgia, char- 



CONSTITUTION. 21 

tered by other States of the Union, or foreign States, shall 
show that they have deposited with the Comptroller Gen- 
eral of the State in which they are chartered, or of this State, 
the Insurance Commissioner, or such other officer as may 
be authorized to receive it, not less than one hundred thous- 
and dollars, in such securities as may be deemed by such 
officer equivalent to cash, subject to his order, as a guar- 
antee fund for the security of policy-holders. 

Par. II. When such showing is made to the Comptroller 
General of the State of Georgia by a proper certificate from 
the State official having charge of the fund so deposited^ 
the Comptroller General of the State of Georgia is author- 
ized to issue to the company making such showing, a li- 
cense to do business in the State, upon paying the fees 
required by law. 

Par. III. All life insurance companies chartered by the 
State of Georgia, or which may hereafter be chartered by 
the State, shall, before doing business, deposit with the 
Comptroller General of the State of Georgia, or with some 
strong corporation, which may be approved by said Comp- 
troller General, one hundred thousand dollars, in such se- 
curi^^ies as may be deemed by him equivalent to cash, to 
be subject to his order, as a guarantee fund for the security 
of the policy holders of the company making such deposit, 
all interest and dividends arising from such securities to be 
paid, when due, to the company so depositing. Any such 
securities as may be needed or desired by the company 
may be taken from said Department at any time by re 
placing them with other securities equally acceptable Ic 
the Comptroller General, whose certificate for the same 
shall be furnished to the company. 

Par. IV. The General Assembly shall, from time to time, 
enact laws to compel all fire insurance companies doing 
business in this State, whether chartered by this State, or 
otherwise,to deposit reasonable securities with the Treasurer 
of this State, to secure the people against loss by the oper- 
ations of said companies. 



22 CONSTITUTION. 

Par. V. The General Assembly shall <K>mpel all insur- 
ance companies in this State, or doing business therein, 
under proper penalties, to make semi-annual reports to the 
Governor, and print the same at their own expensej,,fpr the 
information and protection of the people. : . / 



ARTICLE IV. 

Power of the General Assembly over Taxation. 
Section I. 

Paragraph I. The right of taxation is a sovereign right- 
inalienable, indestructible — -is the life of the State, and 
rightfully belongs to the people in all Republican govern- 
ments, and neither the General Assembly, nor any, nor all 
other departments of the Government established by this 
Constitution, shall ever have the authority to irrevocably 
give, grant, limit, or restrain this right; and all laws, grants^ 
contracts, and all other acts, whatsover, by said govern- 
ment, or any department tiereof, to affect any of these 
purposes, shall be, and are hereby, declared to be null 
and void, for every purpose whatsoever ; and said right of 
taxation shall always be under the complete control of, 
and revocable by, the State, notwithstanding any gift, 
grant, or contract, whatsoever, by the General Assembly. 

Section II. 

Paragraph I. The power and authority of regulating 
railroad freight and passenger tariffs, preventing unjust 
discriminations, and requiring reasonable and just rates of 
freight and passenger tariffs, are hereby conferred upon the 
General Assembly, whose duty it shall be to pass law^s, 
from time to time, to regulate freight and passenger tariffs, 
to prohibit unjust discriminations on the various railroads 
of this State, and to prohibit said roads from charging 



CONSTITUTION. 23 

Other than just and reasonable rates, and enforce the same 
by adequate penalties, -jicii.h:! : Vv! iO.''30'. 

Par. II. The exercise c^ the right df eminent domain 
shall never be abridged, nor so construed as to prevent the 
General Assembly from taking the property and franchises 
of incorporated companies, and subjecting them to public 
use, the same as, property of individuals ; and the exercise 
of the police power of the State shall never be abridged, 
fior so construed as to permit corporations to conduct their 
business in such manner as to infringe the equal rights of 
individuals, or the general well being of the State. 

Par. III. The General Assembly shall not remit the for- 
feiture of the charter of any corporation, now existing, nor 
alter or amend the same, nor pass any other general or spe- 
cial law for the benefit of said corporation, except upon 
the condition that such corporation shall thereafter hold its 
charter subject to the provisions of this Constitution ; and 
every amendment of any charter of any corporation in this 
State, or any special law for its benefit, accepted thereby, 
shall operate as a novation of said charter and shall bring 
the same under the provisions of this Constitution ; Prow 
ded, that this section shall not extend to any amendment 
for the purpose of allowing any existing road to take stock 
in or aid in the building of any branch road. 

Par. IV. The General Assembly of this State shall have 
no power to authorize any corporation to buy shares, or 
stock, in any other corporation in this State, or elsewhere, 
or to make any contract, or agreement whatever, with 
any $uch corporation, which may have the effect, o r be in 
tended to have the effect, to defeat or lessen competition in 
their respective businesses, or to encourage monopoly ; and 
all sucl^.cpn tracts and agreements shall be illegal and void. 

Pa,r. Y. No railroad company shall give, or pay, any re- 
bate, or bonus in the nature thereof, directly or indirectly, 
or do any act to mislead or deceive the i.ublicas to the real 
rates charged or received for freights or passage ; and any 



24 CONSTITUTION. 

such payments shall be illegal and void, and these prohibit 
tions shall be enforced by suitable penalties. 

Par. VI. No provision of this article shall be deemed, 
held or taken to impair the obligation of any contract here- 
tofore made by the State of Georgia. 

Par. VII. The General Assembly shall enforce the pro- 
visions of this article by appropriate legislation. 



ARTICLE V. 
Executive Department. 
Section L 

Paragraph I. The officers of the Executive Department 
shall consist of a Governor, Secretary of State, Comptroller 
General, and Treasurer. 

Par. II. The Executive power shall be vested in a Gov- 
ernor, who shall hold his office during the term of two 
years, and until his successor shall be chosen and qualified. 
He shall not be eligible to re-election, after the expiration 
of a second term, for the period of four years. He shall 
have a salary of three thousand dollars per annum, (until 
otherwise provided by a law passed by a two-thirds vote 
of both branches of the General Assembly) which shall not 
be increased or diminished during the period for which he 
shall have been elected ; nor shall he receive, within that 
time, any other emolument from the United States, or 
either of them, or from any foreign power. But this re- 
duction of salary shall not apply to the present term of the 
present Governor. 

Par. III. The first election for Governor, under this Con- 
stitution, shall be held on the first Wednesday in October, 
1880, and the Governor-elect shall be installed in office at 
the next session of the General Assembly. An election 
shall take place biennially thereafter, on said day, untfl 



CONSTITUTION. 2$ 

another date be^.fixed by the General Assembly. Said 
election shall be held at the places of holding general elec- 
tions in the several counties of this State, in the manner 
prescribed for the election of members of the General As- 
sembly, and the electors shall be the same. 

Par. IV. The returns for every election of Governor 
shall be sealed up by the managers, separately from other 
returns, and directed to the President of the Senate and 
Speaker of the House of Representatives, and transmitted 
to the Secretary of State, who shall, without opening said 
returns, cause the same to be laid before the Senate on the 
day after the two houses shall have been organized, and 
they shall be transmitted by the Senate to the House of 
Representatiives. 

Par. V. The members of each branch of the Gen- 
eral Assembly shall convene in the Representative Hall, 
and the President of the Senate and the Speaker of the 
House of Representatives, shall open and publish the re- 
turns in the presence and under the direction of the Gen- 
eral Assembly ; and the person having the majority of the 
whole number of votes, shall be declared duly elect- 
ed Governor of this State ; but, if no person shall have 
such majority, then from the two persons having the high- 
est number of votes, who shall be in life, and shall not de- 
cline an election at the time appointed for the General 
Assembly to elect, the General Assembly shall, immedi- 
ately, elect a Governor viva voce ; and in all cases of elec- 
tion of a Governor by the General Assembly a majority 
of the members present shall be necessarj^ to a choke. 

Par. VI. Contested elections shall be determined by 
both Houses of the General Assembly, in such manner as 
sHall be prescribed by law. 

Par. VI I. No person shall be eligible to the office ot 
Governor who shall not have been a citizen of the United 
States fifteen years, and a citizen of the State six years, and 
who shall not have attained th^ age ol thirty years. 

Par VIII In case of the death, resignation, or disaSil-i- 



26 CONSTITUTION. 

ty of the Governor, the President of the Senate shall ex 
ercise'^the executive Jpowers of the government untii 
such disability be removed, or a successor is elected 
and quahfied. And in case of the death, resignation or 
disability of the president of the Senate, the Speakier of 
the House of Representatives shall exercise the executive 
powers of the government, until the removal of the disa- 
bility, or the election and qualification of a Governor. 

Par. IX, The General Assembly shall have power to- 
provide by l^>v^,for fJUing^une,sypi;'ed,^^r,n)s.hy.sp^Aial elec- 
tions. -r^P ^ifi do^^d t»'rf ^cf '^i ^ffiR^ 9H1 'i^sin^i 

Par. X. The Governor shall, before he enters on the 
duties of his office, take the following oath or affirmatioa 
'' I do solemnly swear (or affirm as the case may be) that 
1 will faithfully execute the office of Governor of the State 
of Georgia, and will, to the best of my ability, preserve, 
protect and defend the Constitution thereof, and the Con- 
stitution of the United States of America." 

Par. XI. The Governor shall be commander-in-chief of 
the army and navy of this State, and of the militia thereof. 

Par. XII. He shall have power to grant reprieves and 
pardons, to commute penalties, remove disabilities im- 
posed by law, and to remit any part of a sentence for 
offenses against the State, after conviction, except ♦in cases 
of treason and impeachment, subject to such regulations as 
may be provided by law relative to the manner of applying 
for pardons. Upon conviction for treason, he ^may sus- 
pend the execution of the sentence and report the case to 
the General Assembly at the next meeting thereof, when 
the General Assembly shall either pardon, commute the 
sentence, direct its execution, or grant a further reprieve^ 
He shall, at each session of the General Assembly, com* 
municate to that body each case of reprieve, pardon or 
commutation granted, stating the name of the convict,: the 
offense of which he was convicted, the sentence and its 
date, the date of the reprieve^^ pardon or commutation, and 
thef reasons for granting the same. He shall take care that 



CONSTITUXrON. 21 

the laws are faithfully executed, and shall be a conservator 
of the peace throughout the State. 

Par. XIII. He shall issue writs of election to fill all 
vacancies that may happen in the Senate or House of 
Representatives, and shall give the General Assembly, 
from time to time, information of the state of the Com- 
monwealth, and recommend to their consideration such 
measures as he may deem necessary or expedient. He shall 
have power to convoke the General Assembly on extraor- 
dinary occasions, but no law shall be enacted at called ses- 
sions of the General Assembly except such as shall relate 
to the object stated in his proclamation convening them. 

Par. XIV. When any office shall become vacant, by 
death, resignation, or otherwise, the Governor shall have 
power to fill such vacancy, unless otherwise provided by 
law ; and persons so appointed shall continue in office until 
a successor is commissioned, agreeably to the mode pointed 
out by this Constitution, or by law in pursuance thereof. 

Par. XV. A person once rejected by the Senate shall not 
be re-appointed by the Governor to the same office during 
the same session, or the recess thereafter. 

Par. XVI. The Governor shall have the revision of all 
bills passed by the General Assembly, before the same 
shall become laws, but two-thirds of each House may pass 
a law, notwithstanding his dissent ; and if any bill should 
not be returned by the Governor within five days (Sunday 
excepted) after it has been presented to him, the same 
shall be a law ; unless the General Assembly, by their ad- 
journment, shall prevent its return. He may approve any 
appropriation, and disapprove any other appropriation, in 
the same bill, and the latter shall not be effectual, unless 
passed by two-thirds of each House. 

Par. XVII. Every vote, resolution, or order, to which 
the concurrence of both Houses may be necessary, except 
on a question of election, or adjournment, shall be pre- 
sented to the Governor, and before it shall take effect be 



28 CONSTITUTION. 

approved by hixn, or, being disapproved, shall be repassed 
by two-thirds of each House. 

Par. XVIII. He may require information, in writing, 
from the officers in the Executive Department on any 
subject relating to the duties of their respective offices. It 
shall be the duty of the Governor, quarterly, and oftener 
if he deems it expedient, to examine, under oath, the 
Treasurer and Comptroller General of the State on all 
matters pertaining to their respective offices, and to inspect 
and review their books and accounts. The General As- 
sembly shall have authority to provide by law for the sus- 
pension of either of said officers from the discharge of the 
duties of his office, and, also for the appointment of a suit- 
able person to discharge the duties of the same. 

Par. XIX, The Governor shall have power to appoint 
his own secretaries, not exceeding two in number, and to 
provide such other clerical force as may be required in his 
office, but the total cost for secretaries and clerical force in 
his office shall not exceed six thousand dollars per annum. 

Section II. 

Paragraph I. The Secretary of State, Comptroller Gen- 
eral and Treasurer shall be elected by the persons qualified 
to vote for members of the General Assembly, at the 
same time and in the same manner as the Governor. The 
provisions of the Constitution as to the transmission of 
the returns of election, counting the votes, declaring 
the result, deciding when there is no election and when 
there is a contested election, applicable to the election of 
Governor, shall apply to the election of Secretary of State, 
Comptroller General and Treasurer ; they shall be commis- 
sioned by the Governor and hold their offices for the same 
time as the Governor. 

Par. II. The salary of the Treasurer shall not exceed 
two thousand dollars per annum. The clerical expenses 
of his Department shall not exceed sixteen hundred dollars 
per annum. 



CONSTITUTION. 29 

Pan III. The salary of the Secretary of State shall not 
exceed two thousand dollars per annum, and the clerical 
expenses of his Department shall not exceed one thousand 
dollars per annum. 

Par, IV. The salary of the Comptroller General shall 
not exceed two thousand dollars per annum. The clerical 
expenses of his department, including the Insurance De- 
partment and Wild Land Clerk, shall not exceed four 
thousand dollars per annum — and without said clerk it shall 
not exceed three thousand dollars per annum. 

Par, V. The Treasurer shall not be allowed, directly or 
indirectly, to receive any fee, interest or reward from any 
person, bank or corporation, for the deposit or use, in any 
manner, of the public funds ; and the General Assembly 
shall enforce this provision by suitable penalties. 

Par. VI. No person shall be eligible to the office of 
Secretary of State, Comptroller General, or Treasurer, un- 
less he shall have been a citizen of the United States for 
ten years, and shall have resided in this State for six years 
next preceding his election, and shall be twenty-five years 
of age when elected. All of said officers shall give bond 
and security, under regulations to be prescribed by law, for 
the faithful discharge of their duties. 

Par. VII. The Secretary of State, the Comptroller 
General, and the Treasurer, shall not be allowed any fee, 
perquisite, or compensation, other than their salaries, as 
prescribed by law, except their necessary expenses when 
absent from the seat of government on business for the 
State. 

Section III. 

Paragraph I. The Great Seal of the State shall be de- 
posited in the office of the Secretary of State, /and shall 
not be affixed to any instrument of writing except by order 
of the Governor, or General Assembly, and that now in 



30 CONSTITUTION. 

use shall be the Great Seal of the State lUntiiiQth^rwise. pro- 
vided by law. ;g ^rf?nT!irq')(T >\d\o »^?frj'; 

ARTICLE VI. 

■ SfeCTION I. i ■ u. 

Paragraph I. The judicial powers pf this State shall be 
vested in a Supreme Court, Superior Courts, Courts of Or- 
dinary, Justices of the Peace, commissioned Notaries Pub- 
lic, and such other courts as have been, or may be, Estab- 
lished by law. \^ .' 

iu-'f Olid' 

Section f,yi.,; 

Paragraph I. The Supreme Court shall consist of a 
Chief Justice and two Associate Justi<:es. A majority of 
the court shall constitute a quorum. 

Par. II. When one or more of the judges are disquali- 
fied from deciding any case, by interest or otherwise, the 
Governor shall designate a judge, or judges, of the upe- 
rior Courts to preside in said casel^'o '' "J-- '»'■ ,X3!i;i:>3s i 

Par. III. No judge of any cbuit,"'sh'MP {iMW^ ' in 
any case where the validity of any bond-^Federal, State, 
corporation or municipal—js involved^ who Jiolds in his 
own right, or as the representative of others', any mate- 
rial interest in the class of bonds upon which the question 
to be decided arises. 

Par. IV. The Chief Justice and Associate Justices shall 
hold their offices for six years, and until their successors 
are qualified. A successor to the incumbent whose term 
will soonest expire shall be elected by the General Assem- 
bly in 1880; a successor to the incumbent whose term of 
office is next in duration shall be elected by the General 
Assembly in 1882 ; and a successor to the third incum- 
bent shall be elected by the General Assembly in 1884; bu 
appointments to_fill vacancies shall only be for the unex- 



CONSTITUTION. 31 

pired term, or until such vacancies are filled by elections, 
agre<eably, to the mofde pointed out by this Constitution. 
Pjar. ^y. The Supreme Court shall have no original ju- 
risdiction, but shall be a. Court alone for the trial and cor- 
rection of errors from thf Superior Courts, and from the 
City Courts of Atlanta and Savannah, and such other like 
Courts as may be hereafter/egtablished in other cities ; and 
shall sit at the seat of government, at such times, in each 
year, as shall be prescribed by law, for the-trikl and deter- 
minatSon of writs of «rror; from said Superior and City 

QourtS. .•--' ■■■ /■-■ ■' ..;:i .^1 ;--. ■' ^^ ; 

Par. VI. The Supreme Court shall dispose of every case 
at the first or second term after such writ of error is 
brought; and in case the pO^intiff in error shall not be pre- 
pared at the first term to prosecute the case— unless pre- 
vented by Providential cause^t shall be stricken from the 
docket, and the judgment below shall stand affirmed. 

Par. VII. In any case the Court may, in its discretion, 
withhold its judgment until the next term after the same 
is argued. .w/*i ^(a L-)i:)r/Qi4 ju , 

Section III. 

Paragraph I. There shall be a Judge of the Superior 
Courts for each Judicial Circuit,: whose ,tej^m of office shall 
be four years, and until his successor is qualified. He 
may act in other circuits when authorized by law. 

Par. II. The successors to the present incumbents shall 
be elected by the General Assembly as follows: To the 
half (as near as: may be) whosejcommissions are the old- 
est, in the year 18'78; and to the others in the year 1880. 
AH subsequent elections shall^ be at^|the session of the 
General Assembly next preceding ^the expiration of the 
terms of incumbents, except elections to fill vacancies. 
The day of election may be fixed^byrtjie G<£h.eral Assem- 

Par. 3. The terms of the judges to be elected under the 



32 CONSTITUTION. 

Constitution (except to fill vacancies) shall begin on the 
first day of January, after their elections. But, if the 
time for the meeting of the General Assembly shall be 
changed, the General Assembly may change the time when 
the terms of judges thereafter elected shall begin. 

SECTioisr IV. 

Paragraph I. The Superior Courts shall have exclusive 
jurisdiction in cases of divorce; in criminal cases where 
the offender is subjected to loss of life, or confinement in 
the penitentiary; in cases respecting titles to land, and 
equity cases. 

Par. II. The General Assembly may confer upon the 
Courts of Common Law, all the powers heretofore exer- 
cised by Courts Qf Equity in this State. 

Par. III. Said Courts shall have jurisdiction in all civil 
cases, except as hereinafter provided. 

Par. IV. They shall have appellate jurisdiction in all 
such cases as may be provided by law. 

Par. V. They shall have power to correct errors in infe- 
rior judicatories, by writ of certiorari, which shall only 
issue on the sanction of the Judge ; and said courts, and 
the Judges thereof, shall have power to issue writs of 
mandamus, prohibition, scire facias, and all other writs 
that may be necessary for carrying ^heir powers fully into 
effect, and shall have such othr^ powers as are, or may 
be, conferred on them by law. 

Par. Vr. The Gr^r-vr^.v Assembly may provide for an 
appeal from one ,ury, in the Superior and City Courts to 
another, and the said courts may grant new trials on legal 
grounds. 

Par. VII. The court shall render judgment without the 
verdict of a jury, in all civil cases founded on unconditional 
contracts in writing, where an issuable defense is not filed 
under oath or affirmation. 



CONSTITUTION. 33 

Par. VIII. The Superior Courts'^shall sit in each county 
not less than twice in each year, at such times as have been, 
or may be, appointed by law. 

Par. IX. The General Assembly may provide by law for 
the appointment of some proper person to preside in cases 
where the presiding Judge is, from any cause, disqualified 

Section V. 

Paragraph I. In any county within which there is, or 
hereafter may be, a City Court, the judge of said court, 
and of the Superior Court, may preside in the courts of 
each other in cases where the judge of either court is dis- 
qualified to preside. 

Section VI. 

Paragraph I. The powers of a Court of Ordinary, and of 
Probate, shall be vested in an Ordinary for each county, 
from whose decision there may be an appeal (or, by con- 
sent of parties, without a decision) to the Superior Court, 
under regulations prescribed by law. 

Par. II. The Courts of Ordinary shall have such powers 
in relation to roads, bridges, ferries, public buildings, pau- 
pers, county officers, county funds, county taxes, and 
other county matters, as may be conferred on them by law. 

Paragraph IV. The Ordinary shall hold his office for 
the term of four years, and until his successor is elected 
and qualified. 

Section VII. 

Paragraph I. There shall be in each militia district one 
Justice of the Peace, whose official term, except when 
elected to fill an unexpired term, shall be four years. 

Par. II. Justices of the Peace shall have jurisdiction in 
all civil cases, arising e.v contractu, and in cases of injuries 
2 



34 CONSTITUTION. 

or damages to personal property when the principal sum 
does not exceed one hundred dollars, and shall sit monthly, 
at fixed times, and places ; but in all cases there may be 
an appeal to a jury in said Court, or an appeal to the Su- 
perior Court, under such regulations as may be prescribed 
by law. 

Par. III. Justices of the Peace shall be elected by the 
legal voters in their respective districts, and shall be com- 
missioned by the Governor, They shall be removable on 
conviction for malpractice in office. 

Section VIII. 

Paragraph I. Commissioned Notaries Public, not to ex- 
ceed one for each militia district, may be appointed by 
the Judges of the Superior Courts in their respective cir- 
cuits, upon recommendation of the grand juries of the sev- 
eral counties. They shall be commissioned by the Gov- 
ernor for the term of four years, and shall be ex-officie 
Justices of the Peace, and shall be removable on convic- 
tion for malpractice in office. 

Section IX. 

Paragraph I. The jurisdiction, powers, proceedings and 
practice of all courts or officers invested with judicial pow- 
ers (except City Courts) of the same grade or class, so fiar 
as regulated by law, and the force and effect of the pro- 
cess, judgment and decree, by such courts, severally, shall 
be uniform. This uniformity must be established'by|the 
General Assembly. 

Section X. 

Paragraph I. There shall be an Attorney General of this 
State, who shall be elected by the people at the same time, 
for the same term and in the same|manner as the Governor. 

Far. II. It shall be the duty of the Attorney Generc^ 



CONSTITUTION. 3ft 

to act as the legal adviser of the Executive Department, 
to represent the State in the Supreme Court in all capital 
felonies ; and in all civil and criminal cases in any court 
when required by the Governor, and to perform such other 
services as shall be required of him by law. 

Section XI. 

Paragraph L There shall be a Solicitor General for each 
judicial circuit, whose official term, except when commis- 
sioned to fill an unexpired term, shall be four years. 

Par. II. It shall be the duty of the Solicitor General to 
represent the State in all cases in the Superior Courts of 
his circuit, and in all cases taken up from his circuit to the 
Supreme Court ; and to perform such other services as 
shall be required of him by law. 

Section XII. 

Paragraph I. The Judges of the Supreme and Superior 
Courts, and Solicitors General, shall be elected by the 
General Assembly, in joint session, on such day, or days, 
as shall be fixed by joint resolution of both Houses. At 
the session of the General Assembly which is held next 
before the expiration of the terms of the present incum- 
bents, as provided in this Constitution, their successors 
shall be chosen ; and the same shall apply to the election 
©f those who shall succeed them. Vacancies occasioned 
by death, resignation or other cause, shall be filled by ap- 
pointment of the Governor, until the General Assembly 
shall convene, when an election shall be held to fill the 
unexpired portion of the vacant terms. 

Section XIII. 

Paragraph I. The Judges of the Supreme Court sKaU 
have, out of the treasury of the State, salaries not to ex- 
eeed three thousand dollars per annum ; the Judges of the 
Superior Courts shall have salaries not to exceed tw« 



36 CONSTITUTION. 

thousand dollars per annum ; the Attorney General shall 
have a salary not to exceed two thousand dollars per an- 
num ; and the Solicitors General shall each have salaries 
not to exceed two hundred and fifty dollars per annum ; 
but the Attorney General shall not have any fee or per- 
quisite in any cases arising after the adoption of this Con- 
stitution ; but the provisions of this section shall not affect 
the salaries of those now in office. 

Par. II. The General Assembly may, at any time, by a 
two-thirds vote of each branch, prescribe other and differ- 
ent salaries for any, or all, of the above officers, but no 
such change shall affect the officers then in commission. 

Section XIV. 

Paragraph I. No person shall be Judge of the Supreme 
or Superior Courts, or Attorney General, unless, at the 
time of his election, he shall have attained the age of 
thirty years, and shall have been a citizen of the State 
three years, and have practiced law for seven years ; and no 
person shall be hereafter elected Solicitor General, unless 
at the time of his election he shall have attained 
twenty-five years of age, shall have been a citizen of the 
State for three years, and shall have practiced law for 
three years next preceding his election. 

Section XV. 

Paragraph I. No total divorce shall be granted, except 
on the concurrent verdicts of two juries, at different terms 
of the Court. 

Par. II. When a divorce is granted, the jury rendering 
the final verdict shall determine the rights and disabilities 
of the parties. 

Section XVI. 

Paragraph I. Divorce cases shall be brought in the 
county where the defendant resides, if a residenfof this 



CONSTITUTION. 37 

State; if the defendant be not a resident of this State, 
then in the county in which the plaintiff resides. 

Par. II. Cases respecting titles to land shall be tried in 
the county where the land lies, except where a single tract 
is divided by a county line, in which case the Superior 
Court of either county shall have jurisdiction. 

Par. III. Equity cases shall be tried in the county where 
a defendant resides against whom substantial relief is 
prayed. 

Par. IV. Suits against joint obligors, joint promissors, 
copartners, or joint trespasers, residing in different coun- 
ties, may be tried in either county. 

Par. V. Suits against the maker and endorser of prom- 
issory notes, or drawer, acceptor and endorser of foreign or 
inland bills of exchange, or like instruments, residing in 
different counties, shall be brought in the county where 
the maker or acceptor resides. 

Par. VI. All other civil cases shall be tried in the 
county w^here the defendant resides, and all criminal cases 
shall be tried in the county where the crime was commit- 
ted, except cases in the Superior Courts where the Judge 
is satisfied that an impartial jury cannot be obtained in 
such county. 

Section XVII. 

Paragraph I. The power to change the venue in civil 
and criminal cases shall be vested in the Superior Courts, 
to be exercised in such manner as has been, or shall be, 
provided by law. 

Section XVIII. 

Paragraph I. The right of trial by jury, except where it 
is otherwise provided in this Constitution, shall remain in- 
violate, but the General Assembly ma}^ prescribe any 
number, not less than five, to constitute a trial or traverse 
jury in courts other than the Superior and City Courts. 



38 CONSTITUTION. 

Par. II. The General Assembly shall provide by law for 
the selection of the most experienced, intelligent and up- 
right men to serve as grand jurors, and intelligent and up- 
right men to serve as traverse jurors. Nevertheless, the 
grand jurors shall be competent to serve as traverse jurors. 

Par. III. It shall be the duty of the General Assembly, 
by general laws, to prescribe the manner of fixing compen- 
sation of jurors in all counties in this State. 

Section XIX. 

Paragraph I. The General Assembly shall have power 
to provide for the creation of County Commissioners in 
such counties as may require them, and to define their 
duties. 

Section XX. 

Paragraph I. All courts not specially mentioned by 
name in the first section of this article, may be abolished in 
any county, at the discretion of the General Assembly. 

Section XXI. 

Paragraph I. The costs in the Supreme Court shall not 
exceed ten dollars, until otherwise provided by law. Plaint- 
ififs in error shall not be required to pay costs in said court 
when the usual pauper oath is filed in the Court below. 

ARTICLE VII. 

Finance, Taxation and Public Debt. 
' Section I. 

Paragraph I. The powers of taxation over the whole 
State shall be exercised by the General Assembly for the 
following purposes only : 

For the support of the State government and the public 



CONSTITUTION. 3^ 

For educational purposes, in instructing children in the 
elementary branches of an English education only ; 

To pay the interest on the public debt ; 

To pay the principal of the public debt; 

To suppress insurrection, to repel invasion, and defend 
the State in time of war ; 

To supply the soldiers who lost a limb, or limbs, in the 
military service of the Confederate States, with substantial 
artificial limbs during life. 

Section II. 

Paragraph I. All taxation shall be uniform upon the 
same class of subjects, and ad valorem on all property sub- 
ect to be taxed, within the territorial limits of the authority 
levying the tax, and shall be levied and collected under 
general laws. The General Assembly may, however, im- 
pose a tax upon such domestic animals as, from their na- 
ture and habits, are destructive ot other property. 

Par. IL The General Assembly may, by law, exempt 
from taxation all public property, places of religious wor- 
ship or burial ; all institutions of purely public charity ; all 
buildings erected for and used as a college, incorporated 
academy, or other seminary of learning ; the real and per- 
sonal estate of any public library, and that of any other 
literary association, used by or connected with such library ; 
all books and philosophical apparatus ; and all paintings and 
statuary of any company or association, kept in a public 
hall, and not held as merchandize, or for purposes of sale 
or gain : Provided^ the property so exempted be not used 
for purposes of private or corporate profit or income. 

Par. III. No poll tax shall be levied except for educa- 
tional purposes, and such tax shall not exceed one dollar, 
annually, upon each poll. 

Par. IV. All laws exempting property from taxation 
other than the property herein enumerated, shall be void. 

Par. V. The power to tax corporations and corporate prop- 



40 CONSTITUTION. 

erty, shall not be surrendered or suspended by any con- 
tract or grant to which the State shalFbe a party. 

Section III. 

Paragraph I. No debt shall be contracted by, or on be- 
half of the State, except to supply casual deficiencies of 
revenue, to repel invasion, suppress insurrection and de- 
fend the State in time of war, or to pay the existing pub- 
lic debt ; but the debt created to supply deficiences in 
revenue shall not exceed, in the aggregate, two hundred 
thousand dollars. 

Section IV. 

Paragraph I. All laws authorizing the borrowing of 
money by, or on behalf of, the State, shall specify the 
purposes for which the money is to be used, and the 
money so obtained shall be used for the purpose specified, 
and for no other 

Section V. 

Paragraph I. The credit of the State shall not be 
pledged or loaned to any individual, company, corporation 
or association, and the State shall not become a joint 
owner or stockholder in any company, association, or 
corporation. 

Section VI. 

Paragraph I. The General Assembly shall not author- 
ize any county, municipal corporation, or political divis- 
ion of this State, to become a stockholder in any company, 
corporation, or association, or to appropriate money for, 
or to loan its credit to any corporation, company, associa- 
tion, institution, or individual, except for purely charitable 
purposes. This restriction shall not operate to prevent the 
support of schools by municipal corporations within their 
respective limits : Provided, that if any municipal corpora- 



CONSriTUTION. 41 

tion shall offer to the State any property for locating or 
building a capitol, and the State accepts such offer, the 
corporation may comply with such offer. 

Par. 11. The General Assembly shall not have power 
to delegate to any county the right to levy a tax for any 
purpose, except for educational purposes in instructing 
children in the elementary branches of an English educa- 
tion only ; to build and repair the public buildings and 
bridges ; to maintain and support prisoners ; to pay jurors 
and coroners, and for litigation, quarantine, roads and ex-j 
penses of courts ; to support paupers and pay debts here- 
tofore existing. 

Section VII. 

Paragraph I, The debt hereafter incurred by any 
county, municipal corporation, or political division, of this 
State, except as in this Constitution provided for, shall 
never exceed seven per centum of the assessed value of 
all the taxable property therein, and no such county, 
municipality, or division, shall incur any new debt, except 
for a temporary loan or loans,to supply casual deficiencies qf 
revenue, not to exceeb ne-fifth of one per centum of the 
assessed value of taxable property therein, without the as- 
sent of two-thirds of the qualified voters thereof, at an elec- 
tion for that purpose, to be held as may be prescribed by 
law ; but any city, the debt of which does not exceed seven 
per centum of the assessed value of the taxable property 
at the time of the adoption of this Constitution, may be 
authorized by law to increase, at any time, the amount ol 
said debt, three per centum upon such assessed valuation. 

Par. 11. V Any county, municipal corporation, or politi- 
cal division of this State, which shall incur any bonded in- 
debtedness under the provisions of this Constitution, shall* 
at or before the time of so doing, provide for the assess- 
ment and collection of an annual tax, sufficient in amount 
to pay the principal and interest of said debt within thirty 



42 CONSTITUTION. 

years from the date of the incurring of said indebtedness. 

Section VIII. 

Paragraph I. The State shall not assume the debt, nor 
any part thereof, of any county, municipal corporation, or 
political division of the State, unless such debt shall be 
contracted to enable the State to repel invasion, suppress 
insurrection, or defend itself in time of war. 

Section IX. 

Paragraph I. The receiving directly or indirectly, by any 
officer of the State or county, or member or officer of the 
General Assembly, of any interest, profits, or perquisites, 
arising from the use or loan of public funds in his hands, 
or moneys to be raised through his agency for State or 
county purposes, shall be deemed a felony, and punishable 
as may be prescribed by law, a part of which punishment 
shall be a disqualification from holding office. 

Section X. 

Paragraph I. Municipal corporations shall not incur any 
debt until provision therefor shall have been made by the 
municipal government. 

Section XL 

Paragraph I. The General Assembly shall have no au- 
thority to appropriate money, either directly or indirectly, 
to pay the whole, or any part, of the principal or interest 
of the bonds, or other obligations which have been pro- 
nounced illegal, null and void, by the General Assembly, 
and the constitutional amendments ratified by a vote of the 
people on the first day of May, 1877 ; nor shall the Gen- 
eral Assembly have authority to pay any of the obliga- 
tions created by the State under laws passed during the late 
war between the States, nor any of the bonds, notes, or 



CONSTITUTION. 4S* 

obligations made and entered into during the existence of 
said war. the time for the payment of which was fixed 
after the ratification of a treaty of peace between the Uni- 
ted States and the Confederate States ; nor shall the Gen- 
eral Assembly pass any law, or the Governor, or other 
State official, enter into any contract, or agreement, 
whereby the State shall be made a party to any suit in any 
court of this State, or of the United States, instituted to 
test the validity of any such bonds or obligations. 

Section XII. 

Paragraph I. The bonded debt of the State shall never 
be increased, except to repel invasion, suppress insurrec- 
tion, or defend the State in time of war. 

Section XIII. 

Paragraph I. The proceeds of the sale of the Western 
and Atlantic, Macon and Brunswick, or other railroads, 
held by the State, and any other property owned by the 
State, whenever the General Assembly may authorize the 
sale of the whole, or any part thereof, shall be applied to 
the payment of the bonded debt of the State, and shall not 
be used for any other purpose whatever, so long as the 
State has any existing bonded debt ; provided, that the 
proceeds of the sale of the Western and Atlantic Railroad 
shall be applied to the payment of the bonds for which 
said railroad has been mortgaged, in preference to all othe^ 
bonds. 

Section XIV. 

Paragraph I. The General Assembly shall raise, by tax- 
ation, each year, in addition to the sum required to pay 
the public expenses and interest on the public debt, the 
sum of one hundred thousand dollars, which shall be held 
as a sinking fund, to pay off and retire the bonds of the 



44 CONSTITUTION. 

State which have not yet matured, and shall be applied 
to no other purpose whatever. If the bonds cannot at any 
time be purchased at or below par, then the sinking fund, 
herein provided for may be loaned by the Governor and 
Treasurer of the State ; provided, the security which shall 
be demanded for said loan shall consist only of the valid 
bonds of the State ; but this section shall not take effect 
until the eight per cent, currency bonds, issued under the 
Act of February the 19th, 1873, shall have been paid. 

Section XV. 

Paragraph I. The Comptroller General and Treasurer 
shall each make to the Governor a quarterly report of the 
financial condition of the State, which report shall include 
a statement of the assets, liabilities and income of the 
State, and expenditures therefor, for the three months pre- 
ceding ; and it shall be the duty of the Governor to carefully 
examine the same by himself, or through competent per- 
sons connected with his department, and cause an abstroct 
thereof to be published for the information of the people? 
which abstract shall be endorsed by him as having been 
examined. 

Section XVI. 

Paragraph I. The General Assembly shall not, by vote, 
resolution, or order, grant any donation, or gratuity, in favor 
of any person, corporation, or association. 

Par. II. The General Assembly shall not grantor author- 
ize extra compensation to any public officer, agent, or con- 
tractor, after the service has been rendered, or the contract 
entered into. 

Section XVI r. 

Paragraph I. The office of the State Printer slmll cease 
with the expiration of the term of the present incumbent, 



CONSTITUTION. 45 

and the General Assembly shall provide, bylaw, for letting 
the public printing to the lowest responsible bidder, or bid- 
ders, who shall give adequate and satisfactory security for 
the faithful performance thereof. No member of the Gen- 
eral Assembly, or other public officer, shall be interested, 
either directly or indirectly, in any such contract, 

ARTICLE VIII. 

Education. 

Section I. 

Paragraph I. There shall be a thorough system of com- 
mon schools for the education of children in the elemen- 
tary branches of an English education only, as nearly uni- 
form as practicable, the expenses of which shall be provided 
for by taxation, or otherwise. The schools shall be free 
to all children of the State, but separate schools shall be 
provided for the white and colored races. 

Section II. 

Paragraph I. There shall be a State School Commis- 
sioner, appointed by the Governor, and confirmed by the 
Senate, whose term of office shall be two years, and until 
his successor is appointed and qualified. His office shall be 
at the seat of government, and he shall be paid a salary 
not. to exceed two thousand dollars per annum. The 
General Assembly may substitute for the State School 
Commissioner such officer, or officers, as may be deemed 
necessary to perfect the system of public education. 

Section III. 

Paragraph I. The poll tax, any educational fund now 
belcnging to the State (except the endowment of, and debt 
due to, the University of Georgia), a special tax on shows 



46 CONSTITUTION. 

and exhibitions, and on the sale of spirituous and malt 
liquors — which the General Assembly is hereby author- 
ized to assess— and the proceeds of any commutation tax 
for military service, and all taxes that may be assessed on 
such domestic animals as, from their nature and habits, 
are destructive to other property, are hereby set apart and 
devoted to the support of common schools. 

Section IV. 

Paragraph I. Authority may be granted to counties, 
upon the recommendation of two grand juries, and to mu- 
nicipal corporations, upon the recommendation of the cor- 
porate authority, to establish and maintain public schools 
in their respective limits, by local taxation ; but no such 
local laws shall take effect until the same shall have been 
submitted to a vote of the qualified voters in each county 
or municipal corporation, and approved by a two* thirds vote 
of persons qualified to vote at such election ; and the 
General Assembly may prescribe who shall vote on such 
question. 

Section V. 

Paragraph I. Existing local school systems shall not be 
affected by this Constitution. Nothing contained in section 
first of this article shall be construed to deprive schools in 
this State, not common schools, from participation in the 
educational fund of the State, as to all pupils therein taught 
in the elementary branches of an English education. 

Section VI. 

Paragraph I. The trustees of the University of Georgia 
may accept bequests, donations and grants of land, or other 
property, for the use of said University. In addition to the 
payment of the annual interest on the debt due by the 
State to the University, the General Assembly may, from 



CONSTITUTION. 47 

time to time, make such donations thereto as the condition 
of the Treasury will authorize. And the General Assem- 
bly may also, from time to time, make such appropriations 
of money as the condition of the Treasury will authorize to 
any College or University (not exceeding one in number) 
now established, or hereafter to be established, =in this 
State for the education of persons of color. 

ARTICLE IX. 

Homestead and Exemptions. • 

Section I. 

Paragraph I. There shall be exempt from levy and sale, 
by virtue of any process whatever, under the laws of this 
State, except as hereinafter excepted, of the property of 
every head of a family, or guardian, or trustee of a family 
of minor children, or every aged or infirm person, or per- 
son having the care and support of dependent females of 
any age, who is not the head of a family, realty or per- 
sonalty, or both, to the value in the aggregate of sixteen 
hundred dollars. 

Section II. 

Paragraph I. No court or ministerial ofificer in this State 
shall ever have jurisdiction or authority to enforce any 
judgment, execution, orj|decree, against the property set 
apart for such purpose, including such improvements as 
may be made thereon, from time to time, except for taxes, 
ibr the purchase money of the same, for labor done there 
on, for material J furnished therefor, or for the removal o} 
encumbrances thereon. 

Section III. 
Paragraph I. The debtor shall have power to waive or 



48 CONSTITUTION. 

renounce in writing his right to the benefit of the exemp- 
tion provided for in this article, except as to^Jwearing appa- 
rel, and not exceeding three hundred dollars worth of 
household and kitchen furniture, and provisions, to be se- 
lected by himself and his wife, if any, and he shall not, after 
it is set apart, ahenate or encumber the property so 
exempted, but it may be sold by the debtor, and his wife, 
if any, jointly, with the sanction of the Judge of the Supe- 
rior Court of the county, where the debtor resides or the 
land is situated, the proceeds to be reinvested upon the 
sam.e uses. 

Se(^on IY. 

Paragraph I. The General Assembly shall provide, by 
law, as early as practicable, for the setting apart and Yaliiation 
of said property. But nothing in this article shall be coii- 
striied to affect or repeal the existing laws for exemption of 
property from sale, contained in the present Code of this 
State in paragraphs 2040 to 2049 inclusive, and the acts 
amendatory thereto. It may be optional with the applicant 
to take either, but not both, of such exemptions. 

Sectio:n" Y. 

Paragraph I. The debtor shall have authority to waive or 
renounce in writing his right to the benefit of the exemption 
provided for in section four, except as is excepted in section 
three of this article. 

Section- YI. 

Paragraph 1. The applicant shall, at any time, have the 
right to supplement his exemption by adding to an amount 
already set apart which is less than the whole amount of ex- 
emption herein allowed, a sufficiency to make his exemption 
equal to the whole amount. 



CONSTlTtrl^ION. 49 

Section YII. 

Paragraph I. Homesteads and exemptions of personal 
property which have been'hei'etofore set apart by virtue of 
the provisions of the e:5^isting Constitution of this State, 
and in accordance with the laws for the enforcement there- 
of, or which may be hereafter so set apart, at any time, shall 
be and remain valid as agaiAst all debts and liabilities existing 
at the time of the adoption of this Constitution, to the same 
extent that they would have been had said existing Con- 
stitution not been revised. 

Section YIII. 

Paragraph I. Rights which have become vested under 
previously existing laws shall not be affected by anything 
herein contained. In all cases in which homesteads have 
been set apart under the Constitution of 1868, and the laws 
made in pursuance thereof, and a tonafide sale of such prop- 
erty has been subsequently made, and the full purchase 
price thereof has been paid, all right of exemption in such 
property by reason of its having been so set apart, shall cease 
in so far as it affects the right of the purchaser. In all 
such cases where a part only of the purchase price has been 
paid, such transaction shall be governed by the laws now 
of force in this State, in so far as they affect the rights of 
the purchaser, as though said property had not been set 
apart. 

Section IX. 

Paragraph I. Parties who have taken a homestead of 
realty under the Constitution of eighteen hundred and six- 
ty-eight, shall have the right to sell said Homestead and re- 
invest the same, by order of the judge of the Superior 
Courts of this State. 



50 CONSTITUTION. 

AKTICLE X. 

Militia. 
Section I. 

Pamgraph I. A well regulated militia being essential to 
the peace and security of the State, the General Assembly 
shall have authority to provide by law how the militia of 
this State shall be organized, officered, trained, armed and 
equipped ; and of whom it shall consist. 

Par. II. The General Assembly shall have power to au- 
thorize the formation of volunteer companies, and to pro- 
vide for their organization into battalions, regiments, brig- 
ades, divisions and corps, with such restrictions as may be 
prescribed by law, and shall have authority to arm and equip 
the same. 

Par. III. The officers and men of the militia and volun- 
teer forces shall not be entitled to receive any pay, rations, 
or emoluments, when not in active service by authority of 
the State. 

ARTICLE XI. 

Counties and County Officers. 
Section I. 

Paragraph I. Each county shall be a body corporate, 
with such powers and limitations as may be prescribed by 
law. All suits by, or against, a county, shall be in the 
name thereof ; and the metes and bounds of the several 
counties shall remain as now prescribed by law, unless 
changed as hereinafter provided. 

Par. II. No new county shall be created. 

Par. III. County lines shall not be changed, unless undej 
the operation of a general law for that purpose. 

Par. lY. No county site shall be changed or removed, ex- 



CONSTITUTION. 51 

cept by a two-thirds vote of the qualified voters of the 
county, voting at an election held for that purpose, and a 
two-thirds vote of the General Assembly. 

Par. Y. Any county may be dissolved and merged with 
contiguous cou^ies, by a two-thirds vote of the qualified 
electors of such county, voting at an election held for that 
purpose. 

Section II. 

Paragraph I. The county officers shall be elected by the 
qualified voters of, :their respective counties, or districts, and 
shall hold their offices for two years. They shall be re- 
moved on conviction for malpractice in office, and no person 
shall be eligible to. any of the offices referred to in this par- 
agraph, unless he shall have been a resident of the county 
for two years, and is a qualified voter. 

Section III. 

Paragraph I. Whatever tribunal, or officers, may hereafter 
be created by the General Assembly for the transaction of 
county matters, shall be uniform throughout the State, and 
of the same name, jurisdiction and remedies, except that the 
General Assembly may provide for the appointment of 
Commissioners of roads and revenue in any county. 



AETICLE XII. 

The Laws of Genekal Operation in Force in this State 

Paragraph I. The laws of general operation in this State 
are, first, as the supreme law: the Constitution of the 
United States, the laws of the United States in pursuance 
thereof, and all treaties made under the authority of the 
United States ; 

Par. II. Second. As next in authority thereto : this Con- 
stitution ; 



52 CONSTITUTION. 

Par. III. Third. In subordination to the foregoing : All 
laws now of force in this State, not inconsistent with this 
Constitution, and the ordinances of this Convention, shall 
remam. of force until the same are modified or repealed bj 
the General A'ssembly. '^he tax acts and apf^ropriation acts 
passed by the General Assembly, of 1877, and approved by 
the Governor of the State, and not inconsistent with the 
Constitution, are hereby continued in force until altered by 
law. 

Far. lY. Local and private acts passed for the benefit of 
counties, cities, towns, corporations, and private persons 
not inconsistent with the supreme law, nor with this Con- 
stitution, and which have not expired nor been repealed, 
shaU have the force of statute law, subject to judicial de- 
cision as to their validity when passed and to any limita- 
tions imposed by their own terms. 

Par Y. All rights, privileges and immunities which may 
have vested in, or accmed to, any person or persons, or cor- 
poration, in his, her, or their own right, or in any fiduciary 
capacity, under, and in virtue of, any act of the General 
Assembly, or any i judgment, decree, or order, or other pro_ 
ceeding of any court of competent jurisdiction, in this State, 
heretofore rendered, shall be held inviolate by all courts be- 
fore which they may be brought in question, unless attacked 
for fraud. 

Par. YI. AH judgments, decrees, orders, and other pro- 
ceedings, of the several coui*ts of this State, heretofore 
made, within the limits of their several jurisdictions, are 
hereby ratified and affirmed, subject only to reversal by 
motion for a new trial, appeal, bill of review, or other ]3ro- 
ceeding, in conformity with the law of force when they 
were made. ,/ 

Par. YII. The ofiicers of the government now existing 
shall continuejin the exerci^^, of their several functions un- 
til their successors are duly elected, or aj^pointed and quali- 
fied ; but nothing hereiu is to apply to any officer, whose 
office may be abolished by this Constitution. 



CONSTITUTION. 53 

Par. YIII. The ordinances of this Convention shall have 
the force of laws nntil otherwise provided by the General 
Assembly, except the ordinances in reference to submitting 
the homestead and capital question to a vote of the people, 
which ordinances, after being voted on, shall have the effect 
of Constitutional provisions. 

ARTICLE XIII. 

Amendments to the Constitution. 
Section I. 

Paragraph I. Any amendment, or amendments to this 
Constitution may be proposed in the Senate or House of 
Representatives, and if the same shall be agreed to by two- 
thirds of the members elected to each of the two houses, 
such proposed amendment or amendments shall be entered 
on their journals, with the yeas and nays taken thereon. 
And the General Assembly shall cause such amendment or 
amendments to be published in one or more newspapers in 
each Congressional District, for two months previous to the 
time of holding the next general election, and shall also 
provide for a submission of such proposed amendment or 
amendments, to the people at said next general election, 
and if the people shall ratify such amendment or amend- 
ments, by a majority of the electors qualified to vote for 
members of the General Assembly, voting thereon, such 
amendment or amendments, shall become a part of this 
Constitution. When more than one amendment is submit- 
ted at the same time, they shall be so submitted as to en- 
able the electors to vote on each amendment separately. 

Par. II. N'o Convention of the people shall be called by 
the General Assembly to revise, a,mend, or change this Con 
stitution, unless by the concurrence of two-thirds of all the 
members of each house of the General Assembly. The 
representation in said Convention shall be based on popula- 
tion as near as practicable. 



54 CONSTITUTION. 

Section II. 

Paragraph I. The Coustitutioii shall be submitted foi 
ratification or rejection to the electors of the State, 
at an election to be held on the first Wednesday in Decem- 
ber, one thousand eight hundred and seventy-seven, in the 
several election districts of this State, at which election 
every person shall be entitled to vote who is entitled to 
vote for the members of the General Assembly under the 
Constitution and laws of force at the date of such election ; 
said election to be held and conducted as is now provided 
by law for holding elections for members of the General As- 
sembly. All persons voting at said election in favor of 
adopting the Constitution, shall write or have printed on 
their ballots the words ''For Eatification ;'' and all persons 
opposed to the adoption of this Constitution shall write or 
have printed on their ballots the words '^Against Ratifica- 
tion.''^ 

Par. II. The votes cast at said election shall be consoli- 
dated in each of the counties of this State, as i& now re- 
quired by lav/ in elections for members of the General As- 
sembly, and returns thereof made to the Governor ; and 
should a majority of all the votes cast at said election be in 
favor of ratification, he shall declare the said Constitution 
adopted, and make proclamation of the result of said elec- 
tion by publication in one or more newspapers in each Con- 
gressional District of the State, but should a majority of the 
votes cast be against ratification, he shall in the same man- 
ner proclaim the said Constitution rejected. 



[In compliance with a resolution of the Conventiou the proof 
sheets of this Constitution were carefully revised and corrected by 
Hon. N. J. Hammond, for the Public Priuter. This is, therefore, 
a correct copy of the instrument as adopted by the Convention.— 
J AS. P. Harrison, Public Printer.] 



ORDINANCES. 



AN ORDINANCE. 



Be it ordained by the, people of Georgia in Convention assem 
bled: 
1st. That the question of the location of the Capit 1 of 
this State be kept out of the constitution to be adopted by 
the Convention. 

2nd. That at the first general election hereafter held for 
members of the General Assembly every voter may endorse 
on his ballot 'Atlanta" or **Milledgeville," and the one of 
these places receiving the largest number of votes shall be the 
Capital of the State until changed by the same authority 
and in the same way that may be provided for the altera- 
tion of the Constitution that may be adopted by the Con- 
vention, whether said Constitution be ratified or rejected. 
And that every person entitled to vote for members of the 
General Assembly, under the present Constitution and laws 
of this State, shall be entitled to vote under this ordi- 
nance ; and, in the event of the rejection of said Constitu- 
tion, shall (should) a majority of votes cast be in favor of Mil- 
ledgeville, then this provision to operate and take effect 
as an amendment to the present Constitution. 

AN ORDINANCE. 

Be it ordained by the people of Georgia, in Convention assem- 
bledy and it is hereby ordained by authority of the same : 

1st. That the article adopted by this Convention on the 
subject of homestead and exemptions shall not form a part 
of this Constitution, except as hereinafter provided. 

2nd. At the election held for the ratification or rejection 



56 ORDINANCES. 

of this Constitution, it shall be lawful for each voter to have 
written or printed on his ballot the words * ' Homestead of 
1«77/' or the words *' Homestead of 1868." 

3d. In the event that a majority of the ballots so cast 
have endorsed upon them the words, '* Homestead of 
1877," then said article, so adopted by this Convention, 
shall form a part of the Constitution submitted, if the same 
is ratified; but in the event that said Constitution, so sub- 
mitted, shall not be ratified, then the article on homestead 
and exemptions so adopted as aforesaid by this Convention, 
shall supersede article seventh of the Constitution of 1868 
on the subject of homestead and exemptions, and form a 
part of this Constitution. 

4th. If a majority of the ballots so cast as aforesaid shall 
have endorsed upon them the words, ** Homestead of 
1868," then article seventh of the Constitution of 1868 
shall supersede the article on homestead and exemptions 
adopted by this Convention, and shall be incorporated in 
, and form (a part) of the Constitution so submitted and rati- 
fied. 

Read and adopted in Convention, August 22, 1877. 

Attest: C. J. Jenkins, 

President Constitutional Convention. 

James Cooper Nisbet, Secretary. 

AN ORDINANCE. 

Whereas, a committee has been appointed by this 
Convention to consider and inquire into the ways and 
means by which the expenses of this Convention, over and 
above those provided for by the General Assembly, can be 
defrayed ; and, whereas, the committee are satisfied that a 
sufficient sum of money for the same can be procured by 
an ordinance of this Convention ; therefore, 

Be it ordained by the people of Georgia in Convention 
assembled^ and it is hereby ordained by authoiity of the same : 



ORDINANCES. 57 

That the President of this Convention shall be, and he is 
hereby, empowered, by authority of this Convention, to 
negotiate a loan of a sufficient sum of money, at seven per 
cent, per annum, to defray the residue of the expenses of 
this Convention not provided for by the act of the General 
Assembly calling this Convention. 

Read and adopted in Convention, August 18, 1877. 

Attest : C. J. Jenkins, 

President Constitutional Convention. 

James Cooper Nisbet, Secretary. 

AN ORDINANCE. 

Be it ordained by the people of Georgia, in Convention as- 
sembled: 

1st. That the Constitution as adopted and revised be 
enrolled and signed by the officers and members of this 
Convention. 

2d. That the Governor shall issue his proclamation, or- 
dering an election for members of the General Assembly, 
and a vote upon the ratification or rejection of this Con- 
stitution, as therein provided, and a vote upon the Capital 
and Homestead questions, as provided by the ordinances 
of this Convention. 

Read and adopted in Convention, August 25th, 1877. 
Attest: C. J. Jenkins, 

President Constitutional Convention, 
James Cooper Nisbet, Secretary, 

AN ORDINANCE. 

There shall be sixteen Judicial Circuits in this State, and 
it shall be the duty of the General Assembly to organize 
and apportion the same in such manner as to equalize the 
business and labor of the Judges in said several circuits, 
as far as may be practicable. But the General Assembly 



o8 ORDINANCES. 

shall have power hereafter to re-organize, increase, or 
diminisH the number of circuits : Provided^ however, that 
the circuits shall remain as now^ organized, until changed 
by law. 

Read and adopted in Convention, August 23d, 1877. 

Attest : C. J. Jenkins, 

President Constitutional Conveiition. 

James Cooper Nisbet, Secretary, 



Jamss p. Habbison & Co., Publishers and State Printers, Atlanta, Ga. 






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